6E02 Systemic Allegations

Under the three nondiscrimination laws OFCCP enforces, a complaint may raise allegations of systemic discrimination, that is, discrimination that affects groups or classes of individuals. The complaint may state these allegations in terms of disparate treatment (a pattern or practice of discrimination that is intentional) or disparate impact (a facially neutral policy or practice that has an adverse impact on a protected group, and is not justified by business necessity and job-relatedness). Also, systemic discrimination may be alleged by an individual or by a class of complainants. COs should note that the allegations may warrant examination using both the disparate treatment and the disparate impact frameworks.